A bill has been submitted to the State Duma to pay the common-law wives of soldiers killed in the Northern Military District
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The cohabitants of soldiers killed in the Northern Military District or missing soldiers will be able to confirm the fact that they are in a civil marriage in a special proceeding – and receive government payments. Such a bill was introduced to the State Duma with the aim of “protecting the interests of ‘actual’ families.” The document states that courts can confirm a marriage if common-law spouses have lived together for at least three years – or at least a year, but with a common child. Lawyers say that “in practice it is quite difficult” to prove to the court that they live together and conduct their daily life.
The draft amendments to the law “On the entry into force of part three of the Civil Code of the Russian Federation” were submitted to the State Duma by deputy Pavel Krasheninnikov and senators Andrei Turchak and Andrei Klishas (all United Russia). It is proposed to supplement the normative act with Article 14 – on the right “to establish the fact of the status of marital relations in court in a special proceeding.” Such a right for the “other party to the relationship” will arise if the cohabitant died, was “recognized as missing” or “declared dead” in connection with participation in the SVO or residence in the territory where it was held. The fact of being married can be recognized by the court if citizens have lived together for at least three years or at least a year, but had a child together and “run a common household,” the text of the amendments says. If recognized by the court, the marriage record is entered into the unified state registry office.
The explanatory note talks about “protecting the interests of members of the “actual” family of military personnel”: in the event of the death of a common-law spouse, “families are deprived of their breadwinner,” and the current legislation does not provide mechanisms for protecting their interests. The amendments are intended to “consolidate legal regulation” in the interests of the family. The co-author of the bill, Mr. Turchak, explained in his Telegram channel that we are talking “about relationships that were not formalized in the registry office before the military service, but where in fact the serviceman served as a spouse and breadwinner.” If the marriage is recognized by the court, the “actual” spouse” of the fighter will have the right to claim the inheritance and benefits provided by law, the senator added.
The families of military personnel killed in Ukraine, employees of the FSB, the Russian National Guard and the Ministry of Emergency Situations, volunteers and civil servants, by decree of the President of the Russian Federation, are paid 5 million rubles each, and the families of the wounded – 3 million rubles. The state must pay the family of a deceased serviceman 22.9 thousand rubles monthly. (equal to the amount of disability payment of group I established due to a military injury). Let us note that in December 2023, Vladimir Putin suggested thinking about “supporting those women who lived in a civil marriage with their husbands.” The President then said that there are ways provided by law to establish the fact of residence in such a union, mentioning common children in civil marriages. In January 2024, Vladimir Putin instructed the Russian government to develop separate support measures for the common-law wives of deceased SVO participants.
The bill introduced in the State Duma mentions a “special procedure”, in which cases of establishing the fact of marriage are proposed to be considered by the courts. Let us note that in the Civil Procedure Code of the Russian Federation there is subsection VI on such proceedings, and Chapter 28 of the Code of Civil Procedure is devoted to “establishing facts of legal significance” (it describes the procedure for filing and the content of statements in such cases). Partner of the legal agency “Legal Assistance” Alexey Vinokurov says that subsection VI of the Civil Procedure Code is used in cases of adoption of children, as well as recognition of a citizen as missing or dead. At the same time, the widow will be able to confirm the fact of the unknown absence of a serviceman or his death in the North Military District “by a court decision that has entered into legal force,” the lawyer adds. He recalls that in April 2023, Federal Law No. 120 simplified the relevant procedures. “Currently, for participants in combat operations, the period for recognition as dead is six months if a citizen went missing under circumstances that threatened death or give reason to assume his death from a certain accident,” says Artem Yablokov, partner of the Yablokov Brothers law firm. “This fact can be established on the basis of evidence that, for example, the common-law husband was called up for service. Confirmation can be certificates from the place of service or various kinds of military documents from the place where his death or disappearance supposedly occurred,” adds Irina Kuznetsova, managing partner of the law firm “Dubrovskaya, Kuznetsova and Partners.” A SVO participant can be recognized as missing if for six months at his place of residence “there is no information about his place of stay,” including from the commanders of his unit, confirms Mr. Vinokurov, adding that three months after such a court decision, a citizen can be declared dead at the request of “interested parties”.
However, lawyers admit that it is quite difficult to prove cohabitation and living together in practice. “Currently, the fact of being in a de facto marital relationship is established by the court mainly in inheritance disputes,” says Mr. Vinokurov. Mr. Yablokov notes that “the phenomenon of “civil marriage” (cohabitation) is not perceived by the court on a par with a marriage registered in the registry office, therefore, for a “common-law wife” legal consequences, as in the case of divorce due to the death of a spouse, do not apply – namely The bill is aimed at resolving this issue.” “Evidence of joint residence can be, for example, information about the maintenance of common property (payment of utilities, apartment repairs), joint payment of loans, acquisition of property in joint ownership,” says Artem Yablokov. “This could be joint registration at the same place of residence, testimony of witnesses, including neighbors or the concierge, the chairman of the HOA. This could be transferring funds to each other from a bank card, or a common-law husband paying for his wife for some services, such as tire service, a gym, or insurance. You can also present travel bookings and documents from hotels, joint photographs with notarization, since modern technologies allow you to set the date and time of the photo,” Irina Kuznetsova gives examples. If you have a common child, you can submit a birth certificate or paternity certificate, continues Mr. Yablokov, and if the father is not included in the document, you can conduct a genetic examination if the father’s genetic material is available. “In any case, it is not easy to prove the fact of cohabitation, and when the emergence of rights to payments depends on such cohabitation, it is even more difficult to do. The thoroughness of checking this fact is dictated by the likelihood of abuse of rights on the part of the common-law wife, which cannot be completely ruled out,” emphasizes Mr. Yablokov.
However, the director of the Yakovlev and Partners legal group, Maria Yakovleva, calls the amendments “significant progress in the field of civil and family law in the current military-political circumstances.” According to Ms. Kuznetsova, “due to the fact that the request has already been formulated by legislators, it can be assumed that if the fact of cohabitation is actually confirmed, the courts will take the side of the weaker party, that is, the woman.”
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